Atlanta Post-Conviction Lawyers

Legal Representation For Clients Seeking Post-Conviction Relief

It can feel demoralizing to be handed a conviction after a long and draining court battle. However, a conviction might not be the end of the road; depending on your situation, you have a range of post-conviction relief options to strengthen your future. Our firm has handled some of the most complex felonies in trial and is highly skilled at advocating for clients in court.

Whether you seek to file an appeal of your conviction or record restriction of a mark on your record, our post conviction lawyers in Atlanta can help. At Mones Law, P.C., we will work to fight for the outcome you are looking for.

Conviction is not the end. Schedule a free consultation with Mones Law to discuss your options. 

Types of Post-Conviction Relief

There are several relief options available at different stages of post-conviction life.

Some post-conviction options a defendant can explore include:

• Appeals: The defendant can file an appeal to a higher court based on the ground that the lower court made legal errors in the trial.
• Record restriction: The defendant can petition to have their criminal record hidden from public view and can proceed as if the conviction never occurred.
• Sentencing modifications: The defendant can request the court to modify the sentence they’ve been issued.
• Habeas corpus: The defendant can challenge the legality of their confinement and request the overturning of an invalid sentence or denial of bond (this option only applies to individuals who have been held in custody).

Appealing a Case in Georgia

To begin an appeal, the defendant and their attorney should file a Notice of Appeal or Motion for a New Trial within 30 days of the conviction. Appeals are based on whether any legal errors were made in the original trial warrant a re-trial, such as whether the court used inadmissible evidence. New evidence should not be presented in the appeal, and an attorney should instead present briefs detailing the mistakes made during the initial trial.

Some examples of situations in which appeals are granted are when it is shown that:

• There were problems with how the evidence used in the case was collected or handled
• The defendant had ineffective counsel
• The jury was inaccurately instructed

Petitioning for Record Restriction

Record restriction is a post-conviction option that allows a petitioner to hide the conviction from their criminal record. Record restriction effectively seals a person’s criminal record so that it cannot be accessed publicly by anyone other than law enforcement or a criminal investigation agency. As a result, a restricted criminal record will not appear in background checks that are done for employment, housing, and loan applications.

Cases that do not end in conviction (e.g., resulted in arrest, charges were dropped, etc.) are eligible for record restriction in most cases.

Eligible Convictions for Record Restriction in Georgia

If the case did end in conviction, defendants are eligible for record restriction under the following circumstances:

• Misdemeanor convictions: Defendants must wait four years after completing their sentence to request record restriction, and they must have received no other convictions for new offenses during those four years, nor any pending criminal charges.
• Felony convictions: The State Board of Pardons & Paroles must first grant a pardon before an offender can apply for record restriction, and the defendant must wait five years after the completion of their sentence and have no other criminal charges before requesting a pardon.
• First-time drug convictions: Defendants convicted of drug possession for the first time may apply for record restriction if they have no prior convictions and successfully complete their probation.

Under Georgia law, certain violent felonies and sex crimes are entirely ineligible for record restriction. However, if you or a loved one were convicted of a crime, you still have paths forward to challenge the outcome. The Georgia legal system provides specific tools to address unjust results, and finding the right post-conviction option depends heavily on the unique details of your trial.

Speak With Our Experienced Post Conviction Relief Lawyers in Atlanta Today

At Mones Law, P.C., we handle complex post-conviction cases with a focus on precision and aggressive advocacy. Attorney Stuart Mones analyzes your trial record to determine if you should pursue a direct appeal, file a habeas petition based on constitutional violations, or request a sentencing modification. His extensive courtroom experience allows us to build a compelling case for relief, ensuring you can confidently pursue every available legal option.

We proudly serve clients facing criminal and post-conviction matters throughout Fulton, Cobb, DeKalb, Gwinnett, and Forsyth counties. Conviction is not the end of your path to freedom. Let Mones Law guide you through your post-conviction relief options today.

Contact us for a free consultation for immediate assistance.

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